Question:
I am retired military and paying child support not from a divorce, but from a child born out of wedlock. I was just awarded 100 percent disability from VA. She wants more money. Can they take child support from my VA disability? State of North Carolina.
Jim's Reply:
The obligation to pay child support is determined by the total income and debts of each party. If that income changes substantially either going higher or lower, either party may ask for a modification to the payment...either higher or lower. That makes sense as our circumstances change over time and when the court oversees it all to be sure it's done properly. The court can't take money directly from your VA disability payment but if the payment has changed your income by a certain amount, the court may order you to increase the monthly payment. If you don't pay, then your ex can petition VA to apportion your monthly check...apportionemnt is just like garnishment of a paycheck. You can fairly accurately determine what you should be paying considering your increased income here. If you and she agree with that, you can file to the court asking for a new stipulation to the existing decree and get this done painlessly and without spending money on a lawyer.